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USA v. Frank Pons

Docket 15-1193, U.S. Court of Appeals, Seventh Circuit (Feb. 3, 2015)
Plaintiff - Appellee UNITED STATES OF AMERICA
Defendant - Appellant FRANK STEPHEN PONS
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Filed opinion of the court by Judge Sykes. AFFIRMED

Document USA v. Frank Pons, 15-1193 (7th Cir. Aug. 4, 2015)
Case: 15-1193 Document: 24 Filed: 08/04/2015 Pages: 6 No. 15-1193 § 3C1.1, refused to apply a reduction for acceptance of responsibility, see id. § 3E1.1, and imposed a within- guidelines prison term of 78 months.
Case: 15-1193 Document: 24 Filed: 08/04/2015 Pages: 6 No. 15-1193 Moreover, the district court reasonably concluded that Pons’s conduct in fleeing the country was so egregious that awarding credit for acceptance of responsibility was unjusti- fied.
“The fact that a defendant having done everything he could to obstruct justice runs out of tricks, throws in the towel, and pleads guilty does not make him a prime candi- date for rehabilitation.” United States v. Buckley, 192 F.3d 708, 711 (7th Cir. 1999).
The defendant in Lallemand wasted no time after his arrest in trying to stave off the planned obstruction, whereas Pons spent more than a year country-hopping to avoid responsibility for his crimes.
Additionally, here the prosecutor and district judge had prepared for trial before learning that Pons had absconded, and while he was miss- ing, the government had to expend resources trying to locate him.
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No. 24 Filed opinion of the court by Judge Sykes. AFFIRMED

Document USA v. Frank Pons, 15-1193, No. 24 (7th Cir. Aug. 4, 2015)
Case: 15-1193 Document: 24 Filed: 08/04/2015 Pages: 6 No. 15-1193 § 3C1.1, refused to apply a reduction for acceptance of responsibility, see id. § 3E1.1, and imposed a within- guidelines prison term of 78 months.
Case: 15-1193 Document: 24 Filed: 08/04/2015 Pages: 6 No. 15-1193 Moreover, the district court reasonably concluded that Pons’s conduct in fleeing the country was so egregious that awarding credit for acceptance of responsibility was unjusti- fied.
“The fact that a defendant having done everything he could to obstruct justice runs out of tricks, throws in the towel, and pleads guilty does not make him a prime candi- date for rehabilitation.” United States v. Buckley, 192 F.3d 708, 711 (7th Cir. 1999).
The defendant in Lallemand wasted no time after his arrest in trying to stave off the planned obstruction, whereas Pons spent more than a year country-hopping to avoid responsibility for his crimes.
Additionally, here the prosecutor and district judge had prepared for trial before learning that Pons had absconded, and while he was miss- ing, the government had to expend resources trying to locate him.
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